TitleCitationYearSummaryMost RelevantTypeStatus
Woodfin v. Asheville Mut. Ins. Co. 6 Jones (NC) 558, Supreme Court of North Carolina (August 01, 1859) 1859 Upon the point, that the policy was forfeited by reason of a failure, on the part of the plaintiff, to pay the annual instalment, this Court is of opinion with the plaintiff, irrespective of the question of notice. The policy contains no condition, by which it is to be void, if such payment is not made, but insures the life of the slave for five... Most Relevant Cases  
Woodley v. Gallop 5 Jones Eq. 138, Supreme Court of North Carolina (December 01, 1859) 1859 Where slaves were bequeathed to A for life, and then to B, a daughter, a married woman, and, during the life of A, the husband of B died, leaving a child of the marriage, B then married again, and had another daughter, when she, B, died, and her second husband also died, (A the life-tenant still living) it was Held, on the termination of the... Most Relevant Cases  
Woods v. Sturdevant 9 George 68, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. GIFT: PRESUMPTION FROM DELIVERY OF PROPERTY BY PARENT TO CHILD.If a parent deliver a slave into the possession of a child soon after marriage, it is presumed in law, in the absence of other evidence, to have been a gift and not a loan. 2. EVIDENCE: WEIGHT OF: CASE IN JUDGMENT.In this case the complainant, who was a married woman,... Most Relevant Cases  
Wooten v. Jarman 7 Jones (NC) 238, Supreme Court of North Carolina (December 01, 1859) 1859 Waiving a consideration of the question, growing out of the fact, that the testator directs a negro, named Chaney, to be sold, thereby, as it would seem, taking her out of the general words of the bequest, under which the defendant claims, unless there be two negroes of the same name, we concur with his Honor, that upon the facts agreed, the... Most Relevant Cases  
Wynne v. Latham 6 Jones (NC) 329, Supreme Court of North Carolina (June 01, 1859) 1859 The judgment must be affirmed. Without enquiring whether Simmons, as hirer, or guardian, could, or could not convey the slaves, so as to vest the right in his alienee for the residue of the year, and upon the hypothesis that he could not, still the Court is of opinion that the plaintiff cannot maintain assumpsit against the defendants for the hire... Most Relevant Cases  
Yarbrough v. Arnold 20 Ark. 592, Supreme Court of Arkansas (October 01, 1859) 1859 Declarations made by persons in possession of personal property, explanatory of the character of the possession, or the title by which it is held, etc., are admissible in evidence as part of the res gestæ. The plaintiff may introduce the defendant's title papers for the purpose of tracing to him, and proving the identity of a slave claimed by... Most Relevant Cases  
Anderson v. Aiken 11 Rich.Eq. 232, Court of Appeals of South Carolina (January 01, 1860) 1860 A purchaser in Florida of a mortgaged slave, removed the slave to this State, and here sold him to one who carried him beyond the jurisdiction:Held, that the purchaser, who bought with notice of the mortgage, was liable in equity to the mortgagee; and that the mortgagor was a necessary party to the bill. Most Relevant Cases  
Arrington v. Grissom 41 Tenn. 522, Supreme Court of Tennessee (December 01, 1860) 1860 The complainants seek to recover from the defendant Grissom a female slave named Sally, and her children, which are claimed to be the property of the complainants. The slave Sally was the property of Claiborne Wilson, the father of the complainants, who died in 1842, in Smith County. By his will his slave Sally, with other property, was given to... Most Relevant Cases  
Arthur v. Green 3 Met. 75, Court of Appeals of Kentucky (June 25, 1860) 1860 This action was brought by the jailer of Hardin county against Willis Green for his fees as jailer, for keeping a slave of the defendant that had been committed to his custody, as a runaway, by the county judge of that county. The only question to be decided is, has a county judge the power to determine whether a slave that has been arrested is a... Most Relevant Cases  
Bacon v. O'Connor 25 Tex. 213, Supreme Court of Texas (January 01, 1860) 1860 It is shown by the record that John O'Connor purchased from the estate of one Fessenden, a tract of land situated in Colorado county, and that the appellee, Cornelius O'Connor, became the surety of John O'Connor upon a promissory note executed to the administrator of Fessenden's estate, for the purchase money. This debt to Fessenden's estate became... Most Relevant Cases  
Baum v. Winston 3 Met. 127, Court of Appeals of Kentucky (September 22, 1860) 1860 The material allegations of the petition are: That the defendant owed the plaintiff $140 for the hire of her negro man Ed, for the year 1849 (intended doubtless for 1859); that the defendant had hired said negro; that he had said boy in his possession for the term aforesaid, and had and received the product of the boy's service to the amount or... Most Relevant Cases  
Bayless v. Elcan 41 Tenn. 96, Supreme Court of Tennessee (April 01, 1860) 1860 On the 11th day of July, 1830, John Y. Bayless, the husband of the plaintiff, made an exchange of slaves with one John P. King, in the State of Georgia. King, by the direction of Bayless, by deed of that date, conveyed the slaves-- Jack, Ledy, Lucy, and Peggy--to the said Bayless, in trust for the separate use of complainant. The deed was... Most Relevant Cases  
Bell v. Bell's Adm'r 36 Ala. 466, Supreme Court of Alabama (June 01, 1860) 1860 [DETINUE FOR SLAVES, BY WIFE'S AGAINST HUSBAND'S ADMINISTRATOR.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Bell v. Greenwood 21 Ark. 249, Supreme Court of Arkansas (May 01, 1860) 1860 The principle decided in Sanders v. Sanders et. al., 20 Ark. 610, that a court of equity will interfere to prevent a sale of slaves under an execution against a third person, approved. The consideration of a bill of sale being that the vendee shall pay certain debts due by the vendor to a third person, the discharge of the debts by the vendee was a... Most Relevant Cases  
Black v. Thornton 31 Ga. 641, Supreme Court of Georgia (November 01, 1860) 1860 1. If a voluntary deed for slaves be signed, sealed and attested, but not then delivered by the donor to the donee, or to any other person for him, and if, before the delivery of such deed, a third person purchase said property from the Sheriff who had levied on it as the property of the donor, advertised and exposed it legally to public sale, or... Most Relevant Cases  
Blake v. Lane 5 Jones Eq. 412, Supreme Court of North Carolina (August 01, 1860) 1860 The defendant held possession of the slaves for more than ten years after the execution of the mortgage; during that time some of them were sold for the satisfaction of other creditors, and the mortgagee makes no objection, and during the whole time nothing is said or done in respect to the mortgage debt, and not even one cent of interest is paid... Most Relevant Cases  
Bonner v. Andrews 30 Ga. 287, Supreme Court of Georgia (May 01, 1860) 1860 1. When the trustees of a feme-covert have acquired a statutory title to slaves, as against the husband, can that title be defeated by a sale of the property to a third person by the husband, the purchaser having no notice of the plaintiff's title? 2. When the bill of exceptions is ambiguous upon an important point, upon which the case turns, and... Most Relevant Cases  
Brantly v. Kee 5 Jones Eq. 332, Supreme Court of North Carolina (June 01, 1860) 1860 In a bill for a sequestration, to protect the interest of a remainderman, it is not necessary that all the joint-owners of the remainder, should be made parties. Where one coming in under a life tenant, resides in another State, and claims the whole property in slaves, against conscience and equity, this, without any threat, was Held to be... Most Relevant Cases  
Brinson v. Cunliff 25 Tex. 760, Supreme Court of Texas (January 01, 1860) 1860 This is a judgment by default with a writ of inquiry. The only question in the case is whether or not the petition states facts which constitute a cause of action against Brinson and his wife in favor of the wards of the plaintiffs below. It is alleged that Brinson and wife have received from the estate of her father three negroes and a horse,... Most Relevant Cases  
Brooks v. Pollard 36 Ala. 573, Supreme Court of Alabama (June 01, 1860) 1860 [ACTION BY PURCHASER, AGAINST BROKER, TO RECOVER PRICE OF SLAVE SOLD WITHOUT LICENSE.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. Most Relevant Cases  
Brown v. Griffin , 11 Rich.Eq. 536, Court of Appeals of South Carolina (May 01, 1860) 1860 Sum. pro. for negligence of defendant by his slaves in burning plaintiff's house. Decree for plaintiff set aside, and new trial ordered on the ground that the evidence was insufficient to show that the burning was owing either to the wilful or negligent act of the slaves. Most Relevant Cases  
Brown v. Stanford 22 Ark. 76, Supreme Court of Arkansas (October 01, 1860) 1860 When this case was previously before this court, as Wallace v. Brown, 17 Ark. 449, it was adjudged that Brown, the plaintiff below, and now the appellant, could not maintain replevin for the negro sued for, as he was not entitled to its immediate possession at the beginnig of the suit, having hired the negro out for a term that had not then... Most Relevant Cases  
Brown v. Welcker 41 Tenn. 197, Supreme Court of Tennessee (September 01, 1860) 1860 This was an action of assumpsit to recover the sum of $200, placed by the plaintiff in the hands of Yost under the following circumstances: A conversation took place between Brown and Welcker in regard to the purchase by Brown of a negro man owned by Welcker. The parties disagreed as to the value of the slave. Brown agreed to pay $1,200 for the... Most Relevant Cases  
Burns v. Hudson 37 Ala. 62, Supreme Court of Alabama (June 01, 1860) 1860 [BILL IN EQUITY BY FEME COVERT, FOR RECOVERY OF SLAVES; AS PART OF SEPARATE ESTATE, WITH ACCOUNT OF HIRE, &C.] APPEAL from the Chancery Court of Calhoun. Heard before the Hon. JAMES B. CLARK. Most Relevant Cases  
Campbell v. Fields 41 Tenn. 416, Supreme Court of Tennessee (December 01, 1860) 1860 The complainant, who is a femme covert, by her next friend brought this bill against the defendants, her husband being a party, to recover certain slaves claimed by her as her separate property. The bill was dismissed on demurrer, and the cause is brought here by appeal. The simple facts of the case are as follows: By a decree of the Chancery Court... Most Relevant Cases  
Carswell v. Ware 30 Ga. 267, Supreme Court of Georgia (May 01, 1860) 1860 James Ware, the father of John M. Ware, the defendant in execution, called his children together one day in the latter part of the year 1854, and made an allotment of his negroes, for the purpose of division and distribution among them. In that appointment, the negroes levied on fell to the share of the defendant. The negroes do not appear to have... Most Relevant Cases  
Cartledge v. Cutliff 29 Ga. 758, Supreme Court of Georgia (January 01, 1860) 1860 [1.] Elcey Jones, a feme sole, possessed of an estate of land and negroes, in her own right, being about to marry, makes a marriage settlement, by which the whole estate is conveyed absolutely and irrevocably to a trustee, for the support and clothing of herself and family (in which is included Mary S., an infant daughter by a former marriage, so... Most Relevant Cases  
CASE OF MINGAL CRAWFORD-A SLAVE. 9 U.S. Op. Atty. Gen. 502 (November 02, 1860) 1860   Most Relevant Administrative Decisions & Guidance  
Cates v. Whitfield 8 Jones (NC) 266, Supreme Court of North Carolina (December 01, 1860) 1860 Where an action of detinue was brought for a female slave, and the case coming to the Supreme Court, by appeal, a judgment was rendered here for the recovery of such slave, it was held that the plaintiff was entitled to a scire facias from this Court, for the defendant to show cause why execution should not issue for a child of such female slave,... Most Relevant Cases  
Cheek v. State 41 Tenn. 172, Supreme Court of Tennessee (September 01, 1860) 1860 The count of the indictment upon which the prisoner, was convicted is framed upon §4701 of the Code, for obtaining property by a false pretence. The indictment was found March, 1860. The substance of the charge is that the prisoner, on the first day of May, 1855, purchased from one Patterson a female slave at the price of $500, and paid him... Most Relevant Cases  
Cleaver v. Kirk's Heirs 3 Met. 270, Court of Appeals of Kentucky (December 22, 1860) 1860 James Kirk died in 1857, in the county of Marion, intestate, possessed of a considerable estate in lands, slaves, money, etc.; and this suit was brought, by a portion of his heirs and distributees against the other heirs and distributees, for a sale of the real estate and slaves for the purpose of making distribution. James Kirk, in 1852, by deed,... Most Relevant Cases  
Clement v. Cureton 36 Ala. 120, Supreme Court of Alabama (January 01, 1860) 1860 [ACION FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.] APPEAL from the Circuit Court of Greene. Tried before the Hon. WM. S. MUDD. Most Relevant Cases  
Commonwealth v. Lee 3 Met. 229, Court of Appeals of Kentucky (December 12, 1860) 1860 An assault and battery committed on a slave is an indictable offense. Many circumstances which would not constitute a legal provocation for one white man to commit a battery upon another, would justify it when committed upon a slave. Appeal from Logan circuit court. The appellees were indicted in the Logan circuit court, for an assault and battery... Most Relevant Cases  
Cone v. Force 31 Ga. 328, Supreme Court of Georgia (August 01, 1860) 1860 The presumption of Law is against the freedom of negroes, held in servitude; and if the plaintiff, in a Possessory Warrant, make a prima facie case of rightful possession of negroes, it is not competent to the Magistrates' Court, before whom such warrant may have been returned for trial, to hear evidence of and to adjudicate the freedom of such... Most Relevant Cases  
Cornish v. Keesee 21 Ark. 528, Supreme Court of Arkansas (October 01, 1860) 1860 In April, 1853, Cornish, the plaintiff below, and appellant here, became administrator of the goods, etc., of John H. Hines, and as such had possession of a slave called Catren, or Catherine. This slave was replevied by George W. Simms, who, with Gideon Keessee as his security, executed a sufficient replevin bond. Rhoda Hines, the widow of John H.... Most Relevant Cases  
Cornish v. State 15 Md. 208, Court of Appeals of Maryland (March 21, 1860) 1860 The Act of 1858, ch. 324, provides, that if any free negro shall be convicted of feloniously taking and carrying away the personal goods of another, under the value of five dollars, he shall be sentenced to be sold as a slave for a period of not less than two nor more than five years. A free negro was convicted of this offence, and... Most Relevant Cases  
Cross v. Payne 31 Ga. 342, Supreme Court of Georgia (August 01, 1860) 1860 An injunction will be refused on the coming in of the answer, if the equities are fully denied. In Equity, in Dade Superior Court. Joel Cross prepared his bill in Equity in due form, the principal allegations of which are as follows, to-wit: On the 10th of December, 1859, the complainant bought a negro boy, by the name of Wash, from one Larkin... Most Relevant Cases  
Curry v. Curry 30 Ga. 253, Supreme Court of Georgia (March 01, 1860) 1860 1. Testator by the 2d item of his Will says, I give my servants John, a man, and Betsy, a woman of yellow complexion, to my executors hereinafter named, in trust to convey said negroes immediately after my death to some one of the non-slaveholding States of this Union, as the said executor may select, or to whomsoever said servants may elect... Most Relevant Cases  
Dalton v. Houston 5 Jones Eq. 401, Supreme Court of North Carolina (June 01, 1860) 1860 The pleadings involve the construction of the codicil, and its effect upon the provisions of the will. Does the codicil revoke that provision which gives to the testator's grand-son, John A. Houston, one-fifth part of the estate? Or has it simply the effect of naming the slaves which he had before put into the possession of some of his children,... Most Relevant Cases  
Davis v. Davis 30 Ga. 296, Supreme Court of Georgia (May 01, 1860) 1860 1. The purchase of negroes belonging to the estate of a deceased person, from any body whatever, before administration is taken on the estate, amounts to a conversion by the purchaser, and authorizes the administrator, when one is afterwards appointed, to recover of the purchaser, not only the negroes, but their hire from the time of the purchase.... Most Relevant Cases  
DeGraffenreid v. Green 41 Tenn. 109, Supreme Court of Tennessee (April 01, 1860) 1860 Boswell B. DeGraffenreid, of Fayette County, who was possessed of a large real and personal estate, made his will on the 3rd of April, 1846, to which he added a codicil on the 14th of September, 1855, and soon afterwards died. By this will, after making provision for certain of his children, he vested the residue of his slaves, and of his... Most Relevant Cases  
Denson v. McLeroy 31 Ga. 536, Supreme Court of Georgia (November 01, 1860) 1860 1. Equity will not decree the reformation of a deed of gift of a slave, so as to make it conform to the intentions of the donor, if it appear from the evidence that an unconditional parol gift had been made by the donor to the donee, long anterior to the execution of the deed; that the property had been in the possession of the donee continuously,... Most Relevant Cases  
Dickens v. State 30 Ga. 383, Supreme Court of Georgia (May 01, 1860) 1860 The plaintiff in error, without license to retail, and without taking the affidavit required by the Act of 29th December, 1839, (Cobb, 1039,) not to sell or furnish spirituous liquors to slaves, without an order, &c., sold a quart of whisky, for which she was prosecuted and convicted. Under the Law, as it existed previously to the Act of 1838,... Most Relevant Cases  
Dillard v. Scruggs 36 Ala. 670, Supreme Court of Alabama (June 01, 1860) 1860 [ACTION ON OPEN ACCOUNT FOR SERVICES RENDERED IN SALE OF SLAVES.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Doggett v. Moseley 7 Jones (NC) 587, Supreme Court of North Carolina (August 01, 1860) 1860 The claim of the plaintiffs to the slaves in controversy, is founded on the following clause in the will of Bushrod Doggett, I will to my daughter, Nancy Moseley, the tract of land whereon she now lives, supposed to be fifty acres, also one negro girl named Harriette, and horse and cattle she has received. I estimate the whole at 430 dollars,... Most Relevant Cases  
Doyal v. Smith 31 Ga. 198, Supreme Court of Georgia (August 01, 1860) 1860 When this case was before this Court on a former occasion -28 Geo. Rep., 262-it was held that the clause of the Will, as to Floyd, may be read two ways: either as an absolute gift to the wife, to take effect immediately, or as a disposition similar to that made of Solomon. The meaning of the Will as to this negro, is, in the language of the books,... Most Relevant Cases  
Durden v. McWilliams 36 Ala. 345, Supreme Court of Alabama (June 01, 1860) 1860 [TRIAL OF RIGHT OF PROPERTY IN SLAVE.] APPEAL from the Circuit Court of Autauga. Tried before the Hon. A. A. COLEMAN. Most Relevant Cases  
Eborn v. Waldo 6 Jones Eq. 111, Supreme Court of North Carolina (December 01, 1860) 1860 If we suppose in the second action of replevin, which the bill alleges is now pending, the plaintiff established his right to the slave in question, and, by consequence, established the position, that the results of the first action were not in accordance with the rights of the parties, still, the bill is without equity. The court of equity does... Most Relevant Cases  
Edwards v. State 21 Ark. 512, Supreme Court of Arkansas (July 01, 1860) 1860 After a refusal of the circuit court to quash the first count of an indictment charging Edwards with selling ardent spirits to a slave, without the permission of his master, he stood mute, and the court entered the plea of not guilty for him. On this issue he was tried and found guilty by the jury, who did not assess the fine. The court fined him... Most Relevant Cases  
Elliot v. Cochran 41 Tenn. 389, Supreme Court of Tennessee (December 01, 1860) 1860 This is an application to correct a mistake made in a decree in this cause, pronounced by this court at its December term, 1857. This cause came first before this court at its December term, 1855, and is reported in 2 Sneed, 468, where it was held that the sale of the slaves, Edmund, Caty, and Elizabeth, by the decree of the Court of Chancery,... Most Relevant Cases  
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